Andhra Pradesh High Court - Amravati
Immadi Durga Lakshmi vs The State Of Andhra Pradesh on 20 July, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13964 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...... to issue a writ, order or direction more particularly one
in the nature of mandamus declaring the action of the 2nd
respondent in including the petitioners' land that was granted on
payment of market value an extent of Ac.1.30 cts in Sy.No.1451/3
and an extent of Ac.0.07 cts in Sy.No.583/2 of Macharla Village and
Mandal, Guntur District, in the prohibitory list vide
Rc.No.66/2019/E5, dt.04.02.2019, maintained under Section
22A(1)(a) of the Registration Act, 1908 as illegal, arbitrary, without
jurisdiction and violative of Articles 14, 21 and 300-A of the
Constitution of India and consequently direct the 2nd respondent to
cause deletion of the petitioners' land from the prohibitory list in
terms of the recommendations of the respondents 3 and 4,
dt.03.03.2021 and 27.01.2021 respectively ....."
2. Though the petitioners made several allegations against the
respondents, during hearing, Sri V.Surya Kiran Kumar, learned
counsel for the petitioners, requested this Court, without touching
the merits of the case, to issue a direction to respondent No.2 to
dispose of the online application bearing No.TTA012000061903,
dated nil, of the petitioners, keeping in view the recommendations
of respondent Nos.3 and 4, dated 3.3.2021 and 27.1.2021
respectively.
3. Learned Government Pleader for Stamps and Registration
appearing for the respondents readily agreed to dispose of the
online application bearing No.TTA012000061903, dated nil, of the
petitioners keeping in view the recommendations of respondent
Nos.3 and 4, dated 3.3.2021 and 27.1.2021 respectively.
4. In view of the submission of the learned Government
Pleader, I need not decide the truth or otherwise of the allegations
made in the petition. This Court is conscious that no such
direction be issued, in view of the judgment of the Apex Court in
the case of The Government of India v. P.Venkatesh1, wherein
the Apex Court held that such orders may make for a quick or easy
disposal of cases in overburdened adjudicatory institutions. But,
they do no service to the cause of justice. As the learned counsel
for the petitioners himself requested to issue a direction to
respondent No.2 to dispose of the online application bearing
No.TTA012000061903, dated nil, of the petitioners keeping in view
the recommendations of respondent Nos.3 and 4, dated 3.3.2021
and 27.1.2021 respectively, I find no other alternative except to
issue such direction.
5. In the result, the Writ Petition is disposed of, directing
respondent No.2 to dispose of the online application bearing
No.TTA012000061903, dated nil, of the petitioners keeping in view
the recommendations of respondent Nos.3 and 4, dated 3.3.2021
and 27.1.2021 respectively, within a period of one month from
today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition
shall stand closed.
_________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date : 20.7.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13964 OF 2021
Date : 20.7.2021
AMD
